Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. Outer page of petition pamphlet includes warning to signers. 2, 1). Timeline for taking effect: When approved (Const. Art. Circulator requirements: Paid circulators must register with the secretary of state and complete training. Does the law in question take effect before the referendum vote: No (Const. These may be accepted or rejected. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. Circulator requirements: Must be an elector (Const. 2, 10; N.R.S. 116.110). Direct Democracy in California: History and Functions Prepared by chief legislative budget officer. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Art. . 3, 20 and 21-A MRSA 901). 1-40-111), Nebraska (Neb. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. What is on each petition: Petition format is addressed in Mo.Rev.Stat. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. 250.045). A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. II, 1g; Art. Must file quarterly reports. Allowed to pay another for their signature: Not specified. IV, 1b). State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. Registration is required before making an expenditure for or against a ballot measure. Otherwise, they may submit an alternative measure. The ballot title may be distinct from the title of the law that is the subject of the petition. 168.482; 168.544c, Mississippi: Miss. Nine states do not include a process in statute for an individual to withdraw his or her signature. Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. III, 52(a)). Const. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Initiative. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. Art. After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. The ballot must include a clear and concise statement as to the effect of a yes or no vote. 130.021). Art. II, 9(b)). 32-1411. Tit. Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. 3, 18, 20). The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). Art. XLVII, Pt. Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. 19, 6). 3, 2; NDCC, 16.1-01-17. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Const. Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). Art. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Attorney general after receiving written comments from Legislative Research Council, U.C.A. 3, 4; Art. Proponents submit descriptive ballot title reviewed by attorney general. III, 3 and NDCC 16.1-01-09(2)). Art. Legislature or other government official review: For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or un-amended measure. 48, Init., Pt. Art. Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. 905-A; M.R.S.A. III, 5). Const. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. Const. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. Art. Petitions must be submitted not less than four months prior to the next general election. Art. For constitutional amendments, 15% of legal voters. Additional signatures are needed then. Popular Referendum Overview. Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. Collected in-person: Yes (Const. Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. 1. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). St. 32-1405.01; 32-1405.02; 32-1413). (IC 34-1803B). Some have been found to be unconstitutional, largely on one person, one vote grounds. Petitions with an incomplete or modified affidavit are invalid (Const. To do this, petitions have to be signed by a certain portion of the electorate, or voters. 11 3), Collected in-person: No direct statute (F.S.A. 6, 22), Washington (RCWA Const. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Select a State with Popular Referenda to Learn More. Stat. We hope you and your family enjoy the NEW Britannica Kids. V, 1(3)). In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". 295.0575), North Dakota (NDCC Const. Code 9001). **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). Const. IDEA. A new, third level of content, designed specially to meet the advanced needs of the sophisticated scholar. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). In the others, the measure goes directly to the ballot after it is submitted to the legislature. Art. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Only 20 signatures allowed per sheet and each sheet is from one county. 3, 52(f)). General election unless the legislature orders a special election. Art. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Const. Next succeeding election at which the question may be voted upon by the voters of the entire state. 1953 20A-7-202; U.C.A. Code 84200). Art. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Which election: Biennial regular election (IC 34-1803). Art. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). 168.482; 168.544c). For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 2, Oregon: O.R.S. Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. 4, Pt. Art. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. 1(9) and ARS 19-112). Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Which election is a measure on: General election (N.R.S. 3, 17(1)). Prepared by joint legislative budget committee staff. All campaign finance activity must be conducted through a campaign finance entity. Stat. No later than six months after the adjournment of the legislature which passed the act. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. IV, 1). No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. No more than one-quarter of signatures may come from a single county. 3519.01; 3519.02; 3513.10). Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). Federal courts have invalidated payment-per-signature bans in Colorado, Idaho, Maine, Mississippi, Ohio and Washington. Art. Const. 3, 52(e) and Wyo. Proponent financial disclosure requirements: Include but are not limited to regular reports filed with Ethics Commission, deadlines for filing, dollar amounts to report, dollar limits on contribution amounts, and no donations from PACs or anonymous contributors (A.C.A. Art. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). 12; 25. Who creates petitions: Lieutenant governor (U.C.A. 5% of the whole number of votes cast for governor in the last election. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Application process information: A prospective petition must be filed with the secretary of state. 4, Pt. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. 1-40-102, 1-40-105, 1-40-106). 116.100. Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. Art. Art. Art. 5, 1). Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. 1-40-104, 1-40-105, 1-40-111, 1-40-135). III, 52(a) and Mo.Rev.Stat. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the acts passage, and the time for filing the additional required signatures is extended another 30 days. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. Who can sign the petition: Registered electors of the state (Const. Rev. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. Who creates petitions: Sponsors (CRS 1-40-105). 19, 2; Art. Art. Proponent organization and requirements: None specified. Direct democracy Simple English the free. Const. Verification: County officials check that each signatory is a registered elector of the county. A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. 1953 20A-7-208; 20A-7-702). Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. Art. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. 100.371). Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). 101.161). 5% of the votes cast for governor at the preceding election; 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property (Const. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). initiative referendum and recall are examples of quizlet. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. 3, 52(c)(i)). Art. Art. XLVII, Pt. Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). No. 116.153; 116.025). Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. Where to file: Secretary of state (Const. question. 15, 273). III, 4). Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. 187; Okl.St.Ann. The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. Initiative and referendum - Ballotpedia 14, 10. Art. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Const. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Art. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. 5, 1). Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Art. 3501.38; 3519.05, Oklahoma: OK Const. Art. Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). 3, 18 and 21-A M.R.S.A. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. 168.471; 168.472. Code Ann. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Art. Who creates petitions: Secretary of state (ORC 3519.05(C)). Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). A report is also due no later than the 15th day after the deadline for filing the referendum petition. hired children as a source of cheap labor. If the petitions are approved and the signatures are valid, the proposal can be voted on. Art. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). Circulator requirements: 18 years of age (NRS 32-629 and -1404). Constitution 48, Init., Pt. Code 107, 18680. Proponent financial disclosure requirements: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. Const. Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. Art. 7-9-108). 15, 273 and Miss. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. To schedule an appointment to file an Application for a Serial Number, please contact our office at [email protected]. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. The other 19 states limit the subject matter of laws that the popular referendum can address. Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. initiative referendum and recall are examples of quizlet Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Art. Art. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity. Allowed to pay another for their signature: Prohibited (NSR 295.300). Art. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. 34-1809). III, 3). 23-17-43). Allowed to pay another for their signature: Prohibited (ORS 260.558). 54 42A, 53; M.G.L.A. Art. Art. 14, 9; Art. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Between 90 and 110 %, every signature is verified (C.R.S.A. What is on each petition: Must include the full text of the measure and the title drafted by the attorney general, signers statement and circulator's declaration (RCW 29A.72.100 and .130) . Most of these bans have been overturned by the courts. Art. In 2021, Idaho passed, Collected in-person: Yes (I.C. 11 5). Art. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. 4, 1, Pt. Time period restrictions before placed on the ballot: See timeline and deadlines. Const. Where to file with: Lieutenant governor (U.C.A. The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition.
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